REGISTRATION OF DEEDS (AMENDMENT) RULES 1986

3.40 pm

The Second Minister for Law (Prof. S. Jayakumar): Mr Speaker, Sir, I beg to move the Motion* standing in the name of the Minister for Law as it appears in item (4) on the Order Paper.

*The Motion reads as follows:

That this Parliament pursuant to subsection (2) of section 29 of the Registration of Deeds Act (Chapter 281), resolves that the Registration of Deeds (Amendment) Rules 1986, published as Notification No. S 267 in the Government Gazette Subsidiary Legislation Supplement No. 45 of 24th October 1986, as contained in Paper S. L. 46 of 1986, be approved.

Sir, as part of its computerization plan the Registry of Deeds needs to revise its practices, procedures and forms of instruments. In order to provide for consistency in practice in both the Registry of Deeds and the Registry of Titles, new rules have been introduced or old rules amended. Examples are:

(a) the new rule 3 providing for changes to search and registration hours;

(b) the amendment to rule 7 requiring that size of forms shall be A4 size; and

(c) the new rule 11A providing for forfeiture of the lodgement of fee when there has been unreasonable delay by solicitors in complying with any requisition made by the Registrar.

If I may turn to some of the amendments, Sir. Rule 13. Under section 14(1)(c) of the Registration of Deeds Act, only instruments of finally surveyed lands can be finally registered by the Registrar of Deeds. Where the Chief Surveyor has not yet approved the survey of part of a lot vested in Government, notwithstanding that all those parts constitute a whole Government survey lot, the Registrar of Deeds nevertheless is not empowered to finalize the registration of the instrument vesting these parts of the lot in Government. The amendment of Rule 13 will now allow the Registrar to finalize the registration of outstanding instruments of those parts of the lot, subject to conclusiveness of their boundaries and areas, so long as they constitute the whole of a Government survey lot.

The new Rule 25 empowering the Registrar to accept instruments only when correct fees are paid will give legal force to the Registry's practice as agreed to by the Law Society of Singapore since November 1985. Prior to the implementation of that practice, the Registry had to deal with a high volume of refund of fees which a number of law firms habitually over-paid in small amounts for their instruments lodged.

Under section 19 of the Residential Property Act, 1976, a person acquiring any interest in the land under an instrument lodged for registration in the Registry of Titles and the Registry of Deeds needs to state his citizenship and particulars of documents of proof such as identity card, passport or birth certificate. As for companies, there is a need to state only their place of incorporation or registered address, whichever is applicable. The provisions relating to the registration of dealings in land are actually more appropriate if they are provided in the rules governing registration of land. New rule 26A which is similar to new rule 46A of the Land Titles (Amendment) rules, 1986 also provides that additional particulars are required. These particulars are the residential status, such as permanent residence and employment pass holder and other types of pass holders. For companies incorporated under the Companies Act, the new rule requires that the registration number of the company assigned to it by the Registrar of Companies be stated.

Forms 4 and 5 of the Second Schedule to the Rules concerning memorial of probate and memorial of letters of administration have also been revised for purposes of clarity. Sir, these amendments are not controversial and Parliament's approval of these amendments is required under the enabling provisions of the Act.

Sir, I beg to move.

Question put, and agreed to.

Resolved,

That this Parliament pursuant to subsection (2) of section 29 of the Registration of Deeds Act (Chapter 281), resolves that the Registration of Deeds (Amendment) Rules 1986, published as Notification No. S. 267 in the Government Gazette Subsidiary Legislation Supplement No. 45 of 24th October 1986, as contained in Paper S.L. 46 of 1986, be approved.